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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
16-A1 LICENSE AND PERMIT DENIAL, REVOCATION OR SUSPENSION.
16-A1.1 Failure and/or Refusal to Pay Municipal Charges.
16-A1.2 Safety Concerns and History.
16-A2 FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECKS REQUIRED FOR CERTAIN LICENSES
16-1 HEALTH.
16-2 HAWKERS AND PEDDLERS.
16-3 RESERVED.
16-4 TAKING OF SHELLFISH.
16-4A PROHIBITED ACTS IN WETLANDS; PERMITS.
16-5 FIREARMS.
16-5A REGULATING THE SALE AND MARKETING OF REPLICA FIREARMS IN THE CITY.
16-5B REGULATING REPLICA FIREARMS IN THE CITY.
16-6 BONFIRES.
16-7 BRICK-KILNS.
16-8 INFLAMMABLE ARTICLES.
16-9 OBSTRUCTION OF FIRE FIGHTERS AND FIRE APPARATUS.
16-10 THE MARKET LIMITS.
16-11 FANEUIL HALL MARKET LIMITS.
16-12 USE OF STREETS.
16-13 BRIDGES AND WHARVES.
16-14 RESERVED.
16-15 USE OF ROADWAY FOR VEHICLES.
16-16 STREET CARS.
16-17 MOVING BUILDINGS AND BULKY MACHINERY.
16-18 SIDEWALKS.
16-19 PUBLIC GROUNDS.
16-20 WATER SUPPLY.
16-21 WARD-ROOMS; FANEUIL HALL.
16-22 NUMBERING OF BUILDINGS.
16-23 NOTICES AND PLACARDS.
16-24 JUNK AND SECOND-HAND ARTICLES.
16-25 OBSCENE AND PORNOGRAPHIC MATERIAL.
16-26 UNREASONABLE NOISE.
16-27 NUISANCE CONTROL.
16-28 JITNEY LICENSES.
16-29 OPEN-AIR THEATERS.
16-30 ABANDONMENT OF AUTOMOBILES.
16-31 RODENT AND INSECT PREVENTION MEASURES AT CONSTRUCTION SITES.
16-32 FINES.
16-33 SIGNS, AWNINGS AND THE LIKE.
16-34 UNLAWFUL TO TAKE REPRISAL AGAINST ANY INDIVIDUAL WHO TESTIFIES BEFORE THE BOSTON CITY COUNCIL.
16-35 WORKPLACE SMOKING POLLUTION CONTROL ORDINANCE.
16-36 CIGARETTE SALES BY VENDING MACHINES RESTRICTED.
16-37 NON-EMERGENCY REPAIR OF VEHICLES.
16-38 PLACEMENT AND MAINTENANCE OF NEWSRACKS.
16-39 SALE OF DANGEROUS INSTRUMENTS.
16-40 LIMITING TOBACCO ACCESS BY YOUTH.
16-41 REGULATING MANNER AND PLACE OF SOLICITATION.
16-42 LASER POINTERS.
16-43 TRESPASSING ON PRIVATE PROPERTY.
16-44 SALE OF MERCURY THERMOMETERS BANNED.
16-45 PROHIBITING THE CARRYING OF KNIVES OR SIMILAR WEAPONS.
16-46 NONCRIMINAL DISPOSITION OF ZONING VIOLATIONS IN THE CITY.
16-47 PROHIBITING THE SALE AND/OR INSTALLATION OF A MUFFLER CUT-OUT OR BY-PASS AND PROHIBITING CERTAIN MODIFICATIONS TO EXHAUST SYSTEMS.
16-48 BOAT SLIPS AND MOORINGS.
16-49 IDENTIFYING JACKETS FOR VALET PARKERS.
16-50 AFTER-HOURS PARTIES.
16-51 CRACK PIPES.
16-52 MAINTENANCE OF VACANT, FORECLOSING RESIDENTIAL PROPERTIES.
16-53 CLEANING OF COMMERCIAL COOKING HOOD AND VENTILATION SYSTEMS.
16-54 PROHIBITION AGAINST SALVIA DIVINORUM.
16-55 UNPAID MUNICIPAL FINES.
16-56 PENALTIES FOR VALID COMPLAINT PROBLEM PROPERTIES.
16-57 PUBLIC NUISANCE PROPERTIES.
16-58 OVER-THE-AIR DEVICES (“OTARD”).
16-59 PROHIBITION OF THE POSSESSION OR SALE OF SYNTHETIC CANNABINOIDS AND ILLICIT SYNTHETIC DRUGS.
16-60 RECREATIONAL VEHICLES.
16-61 REGULATION OF LETTER GRADING OF FOOD ESTABLISHMENTS AND FOOD TRUCKS.
16-62 ORDINANCE BANNING FACE SURVEILLANCE TECHNOLOGY IN BOSTON.
16-63 ORDINANCE ON SURVEILLANCE OVERSIGHT AND INFORMATION SHARING
16-64 AN ORDINANCE REGARDING TARGETED RESIDENTIAL PICKETING.
16-65 SAFE CONSTRUCTION AND DEMOLITION OPERATIONS IN THE CITY.
16-66 UNLAWFUL CAMPING ON PUBLIC PROPERTY.
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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16-41.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGGRESSIVE MANNER.
      (1)   Approaching the person being solicited in a manner that is:
         (a)   Intended to, or is likely to, cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
         (b)   Intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.
      (2)   Conduct during soliciting that includes:
         (a)   Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within an arm’s length of the person, except with the person’s consent;
         (b)   Using violent or threatening gestures or profane, offensive or abusive language; or
         (c)   Intentionally or recklessly blocking or interfering with the safe or free passage of a pedestrian or vehicle.
      (3)   Closely following or continuing to solicit a person who has been solicited and who has informed the solicitor by words or conduct that such person declines the solicitor’s request.
   AUTOMATED TELLER MACHINE. A device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.
   AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
   BANK. Any association or corporation chartered by the commonwealth under M.G.L. Chapter 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the commonwealth subject to the supervision of the Commissioner of Banks.
   BUS SHELTER. A covered structure at a bus stop providing protection against the weather for people waiting for a bus.
   BUS STOP. A place on a bus route, usually marked by a sign, at which buses stop for passengers to alight and board.
   CHECK CASHING BUSINESS. A location that houses a person or entity engaged in cashing checks, drafts or money orders for a consideration licensed under M.G.L. Chapter 169A.
   PARKING GARAGE. A building designed specifically to be for automobile parking.
   PARKING LOT. A cleared area dedicated and intended for parking vehicles.
   PUBLIC PLACE. Any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the city which is generally accessible by the public, including, but not limited to, any city street, sidewalk, bridge, tunnel, park, playground, recreation area, cemetery, school or school grounds, building, facility, driveway, parking lot or parking garage and the doorways and entrances to buildings and dwellings.
   SIDEWALK CAFÉ. The portion of the public right-of-way kept, used, maintained and held out to the public as a place where food or drink are served for consumption on the premises, or which is used directly in conjunction with a pedestrian pick-up window.
   SOLICIT. To request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the item requested. The SOLICITATION may be, without limitation, by the spoken, written or printed word, bodily gestures, signs, performing or offering to perform any service or by other means of communication.
(CBC 1985 16-41.1; Ord. 2013 c.1)
16-41.2   Prohibited Acts.
   (A)   No person shall solicit in an aggressive manner in a public place.
   (B)   No person shall solicit when the person being solicited is:
      (1)   In a bus shelter or at a bus stop;
      (2)   In a parking garage or parking lot;
      (3)   In a sidewalk café;
      (4)   In a line and waiting to be admitted into a commercial establishment; or
      (5)   In a crosswalk.
   (C)   No person shall solicit within 10 feet of:
      (1)   An automated teller machine or an entrance or exit of an automated teller machine facility during the time it is available for customers’ use; or
      (2)   An entrance or exit to a bank or check cashing business during business hours.
   (D)   No person shall solicit while walking on, standing on or going into any street or highway used for motor vehicle travel, or any area appurtenant thereto (including medians, shoulder areas, bicycle lanes, turning lanes, ramps and exit ramps).
(CBC 1985 16-41.2; Ord. 2013 c. 1)
16-41.3   Enforcement.
   The provisions of this Section may be enforced by the Boston Police Department.
(CBC 1985 16-41.3; Ord. 2013 c. 1)
16-41.4   Penalties.
   (A)   Any person who violates Subsection 16-41.2 shall be punished by a fine of not more than $100 or by a judicial order of community service in lieu of a fine or some combination thereof.
   (B)   Any person who continues to violate any Subsection of 16-41.2 after being ordered to stop by a member of the Boston Police Department may be arrested and kept in custody in accordance with M.G.L. Chapter 272, Section 59.
(CBC 1985 16-41.4; Ord. 2013 c. 1)
16-41.5   Severability.
   If any provision in this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-41.5; Ord. 2013 c. 1)
16-42   LASER POINTERS.
16-42.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   LASER POINTER. Any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
   PERSON. Any natural person, corporation, partnership, firm, organization or other legal entity.
   PUBLIC SPACE. A place to which the public has a right of access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, place of amusement, park or playground.
   SCHOOL PREMISES. The buildings, grounds or facilities, or any portion thereof, owned, occupied or under the custody or control of public or private institutions for the primary purpose of providing educational and recreational instruction to students.
   STUDENT. Any person enrolled to attend a public, private or parochial elementary or secondary school in the city.
(CBC 1985 16-42.1; Ord. 1999 c. 2 § 1)
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